The antimonopoly authority explained the amendments to the procedure for appealing against purchases under Law N 223-FZ
The explanations concern changes introduced by Law No. 505-FZ into the rules for appealing against the actions (inaction) of the customer, the purchasing commission and the operator of the electronic platform.
FAS noted that the basis for the consideration of the complaint is the availability in it of information about the violation in the procurement of Law No. 223-FZ, the regulations adopted in its implementation of by-laws, procurement provisions.
The antimonopoly authority must consider such a complaint strictly within the limits of the arguments specified therein. At the same time, it is the responsibility of the body to take a decision on the issuance of a prescription taking into account all violations found.
Separately, the FAS drew attention to the appeal of the provisions of procurement documentation by a person who did not apply for participation in the procurement. If such a complaint is filed after the deadline for the submission of applications, then it must be left without consideration. The complainant must be notified of this fact within three working days from the date of receipt of the complaint to the antimonopoly authority.
Document:
Letter of the Federal Antimonopoly Service of Russia of January 23, 2013 N NA / 3655/18